TERMS & CONDITIONS OF SERVICE:
THE SECTIONS BELOW TITLED “CHOICE OF LAW AND VENUE” AND “CLASS ACTION WAIVER” CONTAIN IMPORTANT CLAUSES THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Welcome to 20/20 Leadership Group’s Rainmaking Academy!
ACCEPTANCE OF TERMS & CONDITIONS OF SERVICE:
We, 20/20 Leadership Group, LLC, (“We,” “Us,” “Our”) reserve the right, at Our sole discretion, to change, modify or otherwise alter this Agreement at any time without notice to You. You must review these Terms & Conditions on a regular basis to keep Yourself informed of any changes.
We are under no obligation to accept any individual as a User and may accept or reject any registration in Our sole and complete discretion. In addition, We may deactivate any account at any time, including, without limitation, if We determine that a User has violated these Terms and Conditions.
Your firm will provide Your name and email address to Us in order to set up Your Rainmaking Academy account. You agree to provide accurate and complete information to be used during the setup of, and as You use, the Rainmaking Academy and You agree to update Your account information to keep it accurate, current and complete. You agree that We may store and use the information You provide for use in maintaining Your Account, as applicable.
During the setup process, We will be giving You a username (“Username”), a password (“Password”), and perhaps certain additional information that will assist in authenticating Your identity when You log-in in the future (“Unique Identifiers”). Your Username and corresponding Password can be used only by You, and sharing Your access credentials with others (especially if they are using Your credentials to access Our proprietary Content) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of Your Username, Password, and Unique Identifiers, as well as for any use, misuse or communications entered using one or more of them. You will promptly inform Us of any need to deactivate a Password or Username or change any Unique Identifier by emailing firstname.lastname@example.org.
We reserve the right in Our sole discretion, without prior notice and with immediate effect, to delete or change Your Password, Username, or Unique Identifier. We shall have no liability to You for any loss or damage caused by such action.
OUR PROPRIETARY INFORMATION:
The Content is (i) Our property; (ii) protected by copyright and trademark laws, international treaties, and other applicable intellectual property or proprietary rights and laws of the U.S. and other countries; and (iii) protected as collective works or compilations under U.S. copyright laws and other applicable laws and treaties. The Content has been developed, compiled, prepared, revised, selected and arranged by Us through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money, and constitute valuable intellectual property, proprietary information, and trade secrets that belong to Us (collectively, “Our Proprietary Information”). 20/20 Leadership Group’s Rainmaking Academy®, 20/20 Leadership Group®, and certain other trademarks, service marks, and logos used on Enterprise.RainmakingAcademy.com and/or Rainmaking Academy.com are Our trademarks, service marks, and logos and are part of Our Proprietary Information.
We, from time to time, may need to make changes, revisions, and/or updates to the Content (“Updates”) and We reserve Our right to do so without any prior notice to You. Any and all Updates will automatically become part of Our Proprietary Information with all relevant protections of the applicable laws, regardless of when We make such Updates. We reserve the right to change Content options (including eligibility for particular Rainmaking Academy features), without notice, to any previously purchased training.
LIMITED RIGHT OF USE:
(A) You hereby acknowledge, understand and agree that You will:
- Comply with this Agreement and any other rules and regulations that may govern users or visitors of the Rainmaking Academy;
- Keep Our Proprietary Information in confidence, and exercise due and reasonable care in protecting Our Proprietary Information from unauthorized use, distribution or disclosure;
- Comply with all applicable laws in connection with the use of the Content;
- Abide by all copyright, patent, and trademark notices and restrictions contained in the Rainmaking Academy;
- Print any of the Content solely for personal, non-commercial use, and only if all existing copyright and other proprietary notices in the Content are retained and clearly displayed on the Content when printed;
- Be responsible for all statements made and acts or omissions that occur on Your account;
- Be solely responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the Content, and all charges related thereto; and
- Notify Us at email@example.com promptly upon becoming aware of any unauthorized access to or use of the Content or any other of Our Proprietary Information by any third party.
(B) You further acknowledge, understand and agree that You will NOT:
- Use, disclose, transfer, distribute, dispose, copy, display, sell, make derivative works of, or otherwise reproduce any of Our Proprietary Information, unless We provide a prior express written consent;
- Use Our Proprietary Information in any way whatsoever that is competitive with or similar to Our business;
- Republish, transmit, distribute, export, recirculate, redistribute, modify, or publish any aspect of the Content to online bulletin boards, message boards, newsgroups, chat rooms, social media platforms or in any other manner, unless We provide a prior express written consent;
- Use the Content for any purpose other than personal, non-commercial use;
- Assign, transfer, dispose, distribute or resell any part of, the use of, or access to the Content to any third party or restrict or inhibit any other Rainmaking Academy visitor from using the Content, including, without limitation, by means of “hacking” or defacing any portion of Enterprise.RainmakingAcademy.com;
- Use the Content for any unlawful or unauthorized purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble or attempt to do so any portion of the Content;
- “Frame” or “mirror” any Content;
- Centrally manage or store any Content in a centralized or interdepartmental database management system;
- Use any robot, spider, scraper, site search or retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Content or interfere with or attempt to interrupt the proper operation of the Rainmaking Academy through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Rainmaking Academy through hacking, password or data mining, or any other means;
- Violate the security of the Content through any unauthorized access, circumvention of encryption or other security tools or interference to any host, user or network;
- Harvest or collect information about users of or visitors to the Rainmaking Academy; or
- Upload, post, email, transmit or otherwise make available any information that discloses any sensitive data about another person, including that person’s email address, mailing address, phone number, credit card information, or any similar information.
All copyrights in and to the Rainmaking Academy and 20/20 Leadership Group, LLC (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) and related software are owned by 20/20 Leadership Group, LLC, who reserves all its rights in law and equity.
EARNINGS AND INCOME DISCLAIMER:
We cannot and do not make any guarantees about Your ability to get results or earn any money with Our Content, ideas, information, tools, or strategies. You should know that all of Our products and services are for educational and informational purposes only. Nothing on this page, any of Our websites, or any of Our Content or curriculum is a promise or guarantee of results or future earnings, and We do not offer any legal, medical, tax, or other professional advice. Any financial numbers referenced here, or on any of Our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult Your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or Your business or finances. You alone are responsible and accountable for Your decisions, actions, and results in life, and by Your registration here, You agree not to attempt to hold Us liable for Your decisions, actions or results, at any time, under any circumstances.
CONNECTIVITY AND ACCESS:
You acknowledge that delivery and use of the Content is dependent on variables not under Our control, including the speed and availability of Your internet connection, Your geographic location, and the availability of capable devices. You may experience delays or technical difficulties caused by or related to these variables. We cannot guarantee that the Content will be delivered uninterrupted, error-free and without fault or delay.
TEMPORARY SERVICE INTERRUPTIONS:
We may need to interrupt Your access to the Rainmaking Academy to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Rainmaking Academy may be affected by unanticipated or unscheduled downtime, for any reason, but that We shall have no liability for any damage or loss caused as a result of such downtime.
NO WARRANTIES; LIMITATIONS OF LIABILITY:
THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE RAINMAKING ACADEMY WILL OPERATE ERROR-FREE OR THAT IT OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT INTENDED TO BE LEGAL ADVICE, MEDICAL ADVICE, FINANCIAL ADVICE, OR ACCOUNTING ADVICE, AND NO FIDUCIARY RELATIONSHIP HAS BEEN CREATED BETWEEN YOU AND US. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK SUCH INDEPENDENT PROFESSIONAL GUIDANCE AS NEEDED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION SHARED IN THE RAINMAKING ACADEMY IS NOT TO BE CONSIDERED A RECOMMENDATION THAT YOU STOP SEEING OR CEASE FOLLOWING THE ADVICE AND RECOMMENDATIONS OF ANY LEGAL, FINANCIAL, MEDICAL, ACCOUNTING, OR OTHER RELEVANT PROFESSIONALS.
WE DO NOT WARRANT THAT THE INFORMATION PROVIDED IN THE RAINMAKING ACADEMY COMPLIES WITH APPLICABLE RULES OF ATTORNEY PROFESSIONAL CONDUCT, INCLUDING, BUT NOT LIMITED TO, ATTORNEY ADVERTISING, IN YOUR JURISDICTION, SO IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY ACTIONS YOU TAKE OR DO NOT TAKE AS A RESULT OF THE RAINMAKING ACADEMY COMPLIES WITH ANY APPLICABLE RULES IN YOUR STATE, COUNTRY OR OTHER APPROPRIATE LICENSING JURISDICTION.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE RAINMAKING ACADEMY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE RAINMAKING ACADEMY IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE RAINMAKING ACADEMY WEBSITE OR CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE.
THE RAINMAKING ACADEMY IS BASED IN THE UNITED STATES AND WE MAKE NO WARRANTIES OR CLAIMS CONCERNING WHETHER THE CONTENT MAY BE DOWNLOADED, VIEWED, OR APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES. IF YOU ACCESS THE CONTENT FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK. WHETHER INSIDE OR OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE LAWS OF YOUR SPECIFIC JURISDICTION.
You agree to defend, indemnify, and hold Us and Our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) Your breach of this Agreement and (ii) Your use or misuse of the Content.
RELEASE AND WAIVERS:
(A) Release. You hereby release and forever discharge Us (and Our officers, employees, agents, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Rainmaking Academy.
(B) Residents of California. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
(C) Jurisdictions Prohibiting Our Limitation of Liability. Notwithstanding any provision of this Agreement, if Your jurisdiction has laws or regulations specific to waiver or liability that conflict with this section, then Our liability is limited to the smallest extent possible by law.
EXTERNAL SITES OR REFERENCES:
We may provide links to third-party websites (“External Sites”). These links are provided solely as a convenience to You and not as an endorsement by Us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if You have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect Your computer from viruses and other destructive programs. If You decide to access linked External Sites, You do so at Your own risk.
TERM AND TERMINATION:
Subject to this section, this Agreement will remain in full force and effect during the period of Your authorized access to the Rainmaking Academy. We may, without any liability to You whatsoever, suspend, disable or terminate Your access to the Rainmaking Academy, including deleting Your Password, Username, or Unique Identifier, at any time for any reason at Our sole discretion, including for any use of the Rainmaking Academy in violation of any terms in the Agreement. Upon termination of Your period of authorized access, Your Account and right to access and use the Rainmaking Academy will terminate immediately. In no event will We be liable for taking any such actions. We may also impose limits on the use of or access to certain features or portions of the Rainmaking Academy services, in any case, and without notice or liability.
Even after Your authorized access to the Rainmaking Academy ends and/or Your rights under this Agreement are terminated, the provisions of this Agreement that would be expected to survive termination by their nature will remain in full force and effect, including, but not limited to, Sections 3, 5, 9, 10, 11, and 15.
If You violate any part of this Agreement, Your permission to access and/or use the Content automatically terminates and You must immediately destroy any copies You have made of the Content.
CHOICE OF LAW AND VENUE:
This Agreement and any cause of action related thereto, shall be governed by the laws of the State of Florida, United States of America, without regard to its conflict of laws provisions. Any dispute arising from or related to this Agreement shall be brought exclusively in the state or federal court having subject matter jurisdiction over the dispute located in Miami-Dade County, Florida, United States of America. The Parties waive any rights they may have to a jury trial. All Parties hereby waive any defense to any such action based on lack of personal jurisdiction, improper venue, and/or forum non-conveniens.
CLASS ACTION WAIVER:
You agree that any arbitration or proceeding shall be limited to the Dispute between Us and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
All notices shall be in writing and shall be addressed to 20/20 Leadership Group, LLC, if by mail to 3029 N.E. 188th Street, Suite 903, Miami, FL 33180 and if by email to firstname.lastname@example.org.
If You have questions or comments regarding the Rainmaking Academy, please email Us at email@example.com or call (786) 520-6073.
Hours of Operation
20/20 Leadership Group, LLC’s corporate office is open Monday through Friday 9AM to 5PM U.S Eastern Time. We are closed for all United States government observed holidays.